LemFi Card and Account Agreement

Please read this carefully and retain it for future reference. This Deposit Account Agreement (the "Agreement") is revised periodically, so it may include changes from earlier versions. You can determine when this Agreement was last revised by referring to the Effective Date at the top of the Agreement.

This agreement contains the Deposit Account Agreement (the "Agreement") related to your demand deposit account ("Account") issued by Community Federal Savings Bank, ("Bank"), member of the Federal Deposit Insurance Corporation ("FDIC") on behalf of Pomelo Two LLC (“Program Manager”), the Bank’s program partner responsible for managing the Account and providing customer service to you on the Bank’s behalf.

By providing a written or electronic signature on a signature card or opening, or continuing to hold an Account with us, you agree to the most recent version of this Agreement, which can be accessed from the LemFi mobile application or www.lemfi.com.

"We", "our", and "us" refer to the Bank, our successors, affiliates, or assignees.

"You" and "your" refers to the person who has opened and owns the Account.

Bank's business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to "days" found in this Agreement are calendar days unless indicated otherwise

Cellular Phone Contact Consent

By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later connect to a cellular device, you are expressly consenting to receiving communications including but not limited to prerecorded or artificial voice message calls, text messages, push notifications, e-mails and calls made by an automatic telephone dialing system from us, our affiliates and our agents (including, but not limited to, Program Manager) at that telephone number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider.

1. Description of Your Account

The Account consists of a demand deposit account, which can be used to make payments and transfers to third parties online or through the use of the LemFi Mastercard Debit Card (“Card”) that is automatically issued with the Account. The Account does not provide a checkbook to write paper checks from the Account.

Your Account is a non-interest bearing account, meaning no interest will be paid to you for the funds that you deposit, otherwise receive, or maintain in your Account through use of the services. Your Account is not a prepaid account or credit product.

You agree to pay the fees as shown on the Fee Schedule in Section 8(G) (Fee Schedule) below.

The funds associated with your Account are held in a pooled deposit account at the Bank, and your funds in this pooled deposit account may be combined with the funds of other LemFi account holders.

You will be able to use the Mobile App to view the available balance in your Account, which is the total amount of funds in your Account. Funds associated with your Account that are in transit and have not settled with the Bank may not be available for withdrawal until the funds settle with the Bank. We reserve the right to impose limits on the maximum amount that you can maintain in, or transact with, your Account and reserve the right to change such limits at any time. Please see Section 8(B)(3) below for maximum balance restrictions and transaction limitations.

2. Opening an Account

You may submit an application to open an Account by using the LemFi mobile banking application (the "Mobile App").

3. Account Eligibility

The Account is available to consumers who are citizens and residents of the fifty United States ("U.S.") and the District of Columbia, who are at least 18 years of age with a valid Social Security number (“SSN”) or Individual Tax Identification Number (“ITIN”).

You must consent to accept electronic communications, rather than paper communications. Your consent to receive electronic communications means: you shall receive electronic delivery of all account communications (such as periodic statements, end-of-year tax forms and other account communications required by applicable law), instead of receiving such communications in paper form. You must provide us, and continue to maintain with us, a valid e-mail address to which we will send such electronic account communications to you. If you revoke your consent to receive electronic communications from us, your Account will be closed.

Program Manager may use information from third parties to help the Bank determine if the Program Manager should open your Account.

4. Important Information about Procedures for Opening a New Account

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you: when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.

5. FDIC Deposit Insurance

Your funds are eligible for FDIC deposit insurance up to the applicable limits provided by law (the current FDIC deposit insurance limit is $250,000 for each account ownership category).

In the event of Bank’s failure, your funds, aggregated with any other funds you have on deposit at Bank, would be eligible to be insured by the FDIC up to $250,000 for each account ownership category. You are responsible for monitoring the total amount of deposits (including non-LemFi accounts) held by you at the Bank for purposes of determining the amount of your deposits that may be eligible for FDIC deposit insurance.

Any amount of your deposits at Bank that exceeds the $250,000 insurance limit may be uninsured.

6. Death or Incapacitation

You agree that your appointed party, designee, or appointed individual shall notify us promptly if you become legally incapacitated, are deemed incompetent, or die. We will continue to accept deposits and process transaction instructions into and from your Account until we: (i) are notified of your death or adjudication of incompetency and (ii) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death, we may pay or process transactions on your Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Account. We may require additional documentation to confirm any claims made on the Account.

7. Power of Attorney

You may appoint another individual as attorney-in-fact for your Account. The account owner and person executing power of attorney over your Account is known as the “Principal.” The person granted Power of Attorney for the Principal is known as the “Agent.” We may refuse to accept a power of attorney for reasonable cause, and we may require the Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of the Agent’s knowledge, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide us with any information if an affidavit presented to us is untrue or misleading or if the Agent exceeds the authority granted by the Principal in the power of attorney. The Agent is required to notify us in writing if the Principal dies or is declared incompetent. The power of attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal's death, or c) we receive written notification of the death or incapacity of the Agent. We assume no duty to monitor the actions of your attorney-in-fact to ensure that he or she acts for your benefit

8. Bank’s Relationship with You

This Agreement and the deposit relationship do not create a fiduciary relationship with the Bank.

A Privacy Policy

Bank's privacy policy is available at https://www.cfsb.com/privacy and is considered part of this Agreement.

Program Manager’s privacy policy is available at www.lemfi.com/privacy and is considered part of this Agreement.

B General Rules Governing the Account

1. General Provisions

The Account and your obligations under this Agreement may not be assigned by you. Bank may transfer its rights under this Agreement. Use of the Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Neither Bank nor Program Manager waives its rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.

Your Account is not intended for business use, and we may close the Account if we determine it is being used for business purposes. Bank may refuse to process any transaction(s) that it believes may violate the terms of this Agreement or applicable law.

2. Funding Your Account

Deposits to your Account may be made only in the form and manner that we permit in our sole discretion. Only electronic deposits are permitted. All deposits must be made in U.S. Dollars.

You may not deposit funds in any ATM or at any of our branch locations.

Funds deposited to your Account are available as described in the General Funds Availability Policy in Section 8(E) below.

Bank is not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by the Bank.

• Cash - Except for cash loads accepted through third party money transfer services, the Bank does not accept deposits made in cash. If you mail a cash deposit, the cash will be sent back to the address the Bank has for you on file, and the cash deposit will not be posted to your Account.

• Paper Checks - Personal checks, cashier's checks, and money orders may not be deposited by mail. All checks and money orders sent to Bank for deposit will be returned and will not be posted to your Account, unless the full check amount may be applied towards a negative balance on the Account, in which case the check or money order may or may not be deposited to the Account at Bank's discretion.

• Foreign Currency - Banks do not accept deposits in foreign currency. Any deposits received in foreign currency, cash or check, will be sent back to the address the Bank has for you on file and will not be posted to your Account.

We may at any time refuse to accept any deposit at our sole discretion. If an item you deposit is returned as non-payable, we will debit your Account in the amount of the non-payable item, and assess any fee we pay or loss we incur.

If funds are deposited or transferred into your Account by mistake or otherwise, Bank may correct the situation by deducting the amount of the deposit from your Account without prior notice to you. If there are not enough funds in your Account at that time, your Account could become overdrawn. See Section 8(B)(4) (No Overdrafts) and Section 8(B)(5) (Right to Set Off) below for more information about what could occur if your Account has a negative balance.

Note: If the Account is canceled, closed, or terminated for any reason, any direct deposits, ACH transfers, or cash deposits made via third party money transfer services received after the Account closure date will be rejected and returned to the originator.

3. Limitations on Frequency and Dollar Amounts of Transactions

From time to time, banks may increase or decrease the limits or add additional limits to your use of the Account, including the Card, in their sole discretion without notice to you except as required by applicable law, for security, risk or other reasons. Your Account limits can be found in the table below.

4. No Overdrafts

You are not permitted to overdraw your Account. If the available balance in your Account is insufficient to cover any payment or withdrawal you have authorized, the payment or withdrawal you have requested can be declined. If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. Any deposit we receive to your Account will first be applied to any negative balance in your Account.

If your Account has a negative balance for an extended period of time and you have another account with Bank, Bank reserves the right to exercise the right to set off. See Section 8(B)(5) (Right to Set Off) below for details.

If your Account has a negative balance for thirty (30) calendar days or more it will be closed. We reserve the right to close your Account if you overdraw your Account in violation of these terms.

5. Right to Set Off

If your Account balance becomes and remains negative, Bank can use the funds in any of your other accounts with Bank to repay the amount owed on the negative balance Account without further notice to or demand on you. This means the Bank has the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with the Bank. Further, you grant Bank a lien on and security interest in the funds on deposit in each of your account(s) as security for the entirety of your liabilities and obligations to Bank, now or in the future.

6. Account Closure, Holds, Suspensions and Restrictions

Bank reserves the right to close, suspend, freeze or restrict your Account for any reason with or without notice to you. Such reasons include, but are not limited to:

• If we, at any time, believe that an Account is being used for fraudulent or illegal purposes, or such an Account presents an undue risk to the Bank as determined in our sole discretion.
• Your use of the Account conflicts with any federal, state, or local law, rule or regulation, including federal foreign asset control requirements and anti-money laundering rules, or with the Bank’s policies designed to assure Bank’s compliance with such law, rule or regulation.
• We receive a court order or other valid legal process to suspend or close your Account.
• Your actions otherwise violate any part of this Agreement.

If the Bank's or Program Manager’s monitoring of the Account detects activity which is believed to be fraudulent, or is prohibited by the Bank and/or by applicable law, the Bank may also hold (or in other words, deny access to) Account funds pending review of the activity by the Bank and/or Program Manager. The Bank may require you and other parties to the activity to produce documents and/or other materials evidencing the validity of the activity. Funds on deposit in any Account with us are subject to hold at the Bank’s discretion until the source of such funds and/or the activity is properly verified.

7. Legal Processes Affecting Accounts

If legal action such as a garnishment, levy or other state or federal legal process ("Legal Process") is brought against your Account, Bank may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, the Bank has first claim to any and all funds in your Account for your liability under this Agreement. Bank will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as Bank determines to be appropriate in the circumstances, even if any funds Bank may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to the Bank. You agree that you are responsible for any expenses, including legal expenses and fees the Bank incurs due to any Legal Process on your Account. Bank may charge these expenses to your Account. You will indemnify the Bank for any losses if it does this.

8. Account Inactivity and Escheatment

If your Account becomes inactive (e.g., if you do not use the funds in your Account or access your Account for a certain period of time), applicable law may require Bank to report the funds in your Account as unclaimed property. If this occurs, Bank may try to locate you at the address shown in Bank's records. If Bank is unable to locate you, Bank may be required to deliver any funds in your Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Account to a state varies by state, but usually ranges between two and five years.

9. Special Rules for New Accounts

Accounts open less than thirty (30) days may be limited in functionality. Funds credited to your Account may be given provisionally for a reasonable amount of time. You may also not be eligible to use certain features such as Account to Account transfer until the Account has been open for at least thirty (30) days. In addition, certain transfer limits may be lower during this time.

10. Illegal Transactions

You may not use your Account for illegal online gambling or any other illegal transactions. Bank may refuse to process any transaction that it believes may violate the terms of this Agreement or applicable law. You acknowledge and agree that the Bank has no obligation to monitor, to review or to evaluate the legality of your transactions. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that transaction is determined to be illegal.

11. Canceled, Closed or Terminated Account

If the Account is canceled, closed or terminated for any reason, you may request the unused balance be returned to you by check sent to the mailing address we have in our records. For security purposes, you may be required to supply identification and address verification documentation prior to issuing a refund check. Allow fourteen (14) days for processing and mailing of the refund check. In the event the program is canceled, closed, or terminated, we will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice. We reserve the right to refuse to return any unused balance amount of less than $1.00.

Note: If the Account is canceled, closed, or terminated for any reason, any ACH transfers made via third party money transfer services received after the Account closure date will be rejected and returned to the originator.

C. Debit Card

You agree that you will receive a Card with your Account. The funds accessible by the Card are limited to the available funds in your Account. The Card is the property of the Bank, and must be surrendered upon demand. The Card is non-transferrable, and the Bank may cancel the Card at any time without prior notice to you subject to applicable law.

1. Card Activation

You must activate the Card before it can be used. Activation instructions will be provided with the Card.

2. Personal Identification Number

You will also be required to set a Personal Identification Number (“PIN”) during the Card activation process. You should not write or keep your PIN with your Card. Never share your PIN with anyone. If you believe that anyone has gained unauthorized access to your PIN, you should contact us immediately following the procedures in Section 8(D)(2) (“Your Liability for Unauthorized Transfers”) below.

3. Using the Card

You may use the Card to purchase goods or services everywhere Mastercard debit or Interlink cards are accepted.

Each time you use the Card, you authorize us to reduce the value available in the Account by the amount of the transaction and applicable fees.

4. Cash Withdrawals with the Card

With the PIN, you may use your Card to withdraw cash from your Account at any ATM or Point-of-Sale device (if cash-back functionality is made available by the merchant) that bears the Mastercard or Interlink acceptance marks. All ATM transactions are treated as cash withdrawal transactions.

When you use an ATM, you may be charged a fee by the ATM operator, and you may also be charged a fee for a balance inquiry even if you do not complete a cash withdrawal. Such a fee is a third-party fee assessed by the individual ATM operator only and is not assessed by us. The ATM fee will be charged to your Account.

You may not withdraw funds at a participating financial institution (“Over the Counter” or “OTC” withdrawals).

5. Authorized Card Transactions

You are responsible for all authorized transactions initiated by use of your Card. If you permit another person to have access to your Card, we will treat this as if you have authorized any use of your Card by that person, and you will be liable for all transactions and fees incurred by that person.

6. Transactions Made in Foreign Currencies

If you use the Card to make purchases or obtain cash in a currency other than the U.S. Dollar, the amount deducted from the available balance in your Account will be converted by Mastercard into an amount in U.S. Dollars. The exchange rate between the transaction currency and the U.S. Dollar used to process such Card transactions is a rate selected by Mastercard from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate that Mastercard itself receives, or the government-mandated rate in effect for the available central processing date.

D. Electronic Funds Transfer Disclosure and Special Terms & Conditions

1. Electronic Funds Transfer Services

Types of Electronic Funds Transfers Available:

• You may use the Card to make purchases at merchants that accept the Card on a one-time or recurring basis, or to obtain cash at ATMs and, subject to availability, cash back at POS terminals.

• By using a transfer option available on the Mobile App, you may authorize the Bank to transfer funds: (a) from your Account to other accounts you own at certain other financial institutions, or (b) transfer funds from other accounts you own at certain other financial funds to your Account.

Limitations on Transfers, Amounts and Frequency of Transactions:

• At Bank's discretion, the number and amount of transfers per day or month may be limited. See Section 8(B)(3) above for frequency and dollar amount limitations on transfers to and from your Account.

Right to Receive Documentation of Electronic Funds Transfers:

• Periodic Statements: You will have access to electronic monthly statements, which can be viewed on the Mobile App.
• Receipts: You can get a receipt at the time you make any Card transaction at a merchant or ATM. However, for certain small dollar transactions at merchant locations, you may not receive a receipt.

2. Your Liability for Unauthorized Transfers

Contact Customer Service IMMEDIATELY if you believe your Card, PIN or Account number has been stolen, or if you believe that an electronic fund transfer has been made without your permission. Calling us at 800-851-7990 is the best way to keep your possible losses down. You could lose all the money in your account.

If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if you someone used your Card or PIN without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transactions that you did not make, including those made by your Card, PIN, account number or other means, tell us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get any money you lost after the 60 days if we can prove we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) keeps you from telling us, we will extend the time periods.

If you believe your Card, PIN or Account number has been lost or stolen, call us at 800-851-7990

If your Card, PIN or Account number has been lost or stolen, we may close your Card number, deactivate your PIN or Account number, and issue you a new Card number, PIN or Account number (as applicable).

If we change your Account number or Card number, you must immediately notify your employer or merchants of your new Card number or Account number to ensure your direct deposit, ACH Debit and recurring Card transactions continue uninterrupted.

Your Liability for Unauthorized LemFi Mastercard Debit Card Transfers

Under Mastercard’s Zero Liability Policy, your liability for unauthorized transactions using your Card is $0.00 if you are not negligent or fraudulent in the handling of the Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Mastercard, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). The reduced liability policy also does not apply if you wait more than 60 days to report an unauthorized transaction after the statement showing the unauthorized transaction is made available to you.

3. Bank's Liability for Failure to Complete Transactions

If a transaction is not properly completed from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

• If through no fault of ours, you do not have enough funds available in your Account to complete the transaction;

• If a merchant refuses to accept the Card or Account number;

• If an ATM where you are making a cash withdrawal does not have enough cash;

• If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;

• If access to your Card, PIN or Account number has been blocked after you reported your Card, PIN or Account number lost or stolen;

• If there is a hold on your funds, or your funds are subject to Legal Process, administrative process, or other encumbrance restricting their use;

• If we have reason to believe the requested transaction is unauthorized;

• If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

• Any other exception stated in our Agreement with you.

4. Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, contact Customer Service at 800-851-7990 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt.

We must hear from you no later than 60 days after the FIRST statement was made available to you on which the problem or error appeared. You need to tell us:

• Your name, Account number and email address associated with your Account (if any);

• A description of the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and

• The dollar amount of the suspected error.

If you provide this information verbally, we may require that you send your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account.

For errors involving new Accounts, point-of-sale transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation by contacting Customer Service.

5. Services not Covered by this Part

Electronic Fund Transfer Services described in this Section 8(D) do not include wire transfers, and any other transactions that are not covered by the Electronic Fund Transfer Act and its accompanying Regulation E.

E. General Funds Availability Policy

Information contained in this Section 8(E) is provided to assist you in understanding our Funds Availability Policy. We make funds available according to the type of deposit and when the funds are applied or credited to the Account. The funds availability policy for deposits not discussed in this section may be covered under a separate agreement, such as mobile check deposits. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to the Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers, payments or transactions using a Card during the hold period. We have the right to refuse any deposit.

If final payment is not received on any item deposited into the Account, or if any direct deposit, or ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item.

If funds are received through the Automated Clearing House (ACH), then any credit given by us for such funds will be provisional until the Bank receives final settlement through a Federal Reserve Bank or has otherwise received payment as provided under Section 4A-403(a) of New York’s Uniform Commercial Code. Notice to you of such ACH credits will be provided through the Mobile App, Website, or on your periodic statement. If the Bank does not receive final settlement or payment of an ACH credit, then we are entitled to recover from you the amount of the provisional credit and the person or entity making that ACH payment will not be considered to have paid that amount to you.

Availability

The length of delay in the availability of funds varies depending on the type of deposit.

Business Days

The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received by 11:59 PM ET will be considered current-day deposits. Any deposits received after that time will be processed the following business day.

1. Electronic ACH Same Day Availability

Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments, will be available on the day the deposit is applied to your Account.

ACH Credits received from an external bank account will be applied to the Account when the Bank has verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability.

2. Electronic ACH Longer Availability

Electronic transfers deposited into the Account initiated through the Mobile App or Website may take up to five (5) business days from the date of the initial request but will post on the payment date of the deposit once the money has reached the Bank and/or Program Manager.

F. Truth in Savings Disclosure

This is not an interest-bearing account. No interest will be paid on this account. There is no initial deposit required to open an Account. There is no minimum balance required to avoid a fee.

D. Fee Schedule

You agree to pay the Account fees set forth in the "Fee Schedule" below. All the fees will be withdrawn from your Account and will be assessed as long as there is a remaining balance on your Account. If at any time your remaining Account balance is less than the fees being assessed, the balance of your Account will be applied to the fees resulting in a zero balance on your Account. The remainder of the fees due will be collected upon the next deposit into your Account.

When you use an ATM, you may be charged a fee by the ATM operator, and you may also be charged a fee for a balance inquiry even if you do not complete a cash withdrawal. Such fee is a third-party fee assessed by the individual ATM operator only and is not assessed by us as LemFi does not partner with any ATM operators. The ATM fee will be charged to your Account.

9. Other Agreement Terms

A. No Warranty of Availability or Uninterrupted Use

From time to time, services related to the Account may be inoperative. When this happens, you may be unable to access the Website or Mobile App, and you may be unable to use the Account or obtain information about the Account. Please notify us if you have any problems using the Account, Website, or Mobile App. You agree that, except as required by applicable law, that Bank or Program Manager will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall Bank or Program Manager be liable for extended interruptions due to failures beyond Bank’s or Program Manager’s control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, pandemics, labor disputes and armed conflicts.

B. Limitation of Liability

Except as required by applicable law, Bank shall have no liability to you if Bank is unable to complete a transaction for any reason beyond Bank's control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, Bank, Bank's affiliates, and the parties with whom Bank contracts in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the your Account, any products or services purchased using Account, or this Agreement (as well as any related or prior agreement you may have had with Bank).

C. English Language Controls

Any translation of this Agreement is provided for your convenience. The meaning of the terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

D. Account Services

For Account service assistance or additional information regarding your Account, please contact Customer Service at 800-851-7990.

E. Telephone Monitoring/Recording

From time to time, we may monitor and/or record telephone calls between you and us to assure the quality of our service team or as required by applicable law.

F. Amendment and Cancellation

Except as otherwise required by applicable law, Bank may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement at the Website, and any such amendment shall be effective upon such posting to the Website. The Agreement is also available on the Website. You will be notified of any amendment(s) in the manner provided by applicable law prior to the effective date of the amendment(s). However, if the amendment(s) is made for security purposes or your benefit, the Bank may implement it without prior notice. When we change this Agreement, the then-current version of the Agreement governs your Account and supersedes all prior versions. Bank may cancel or suspend your Account or this Agreement at any time. You may cancel this Agreement by contacting Customer Service to close your Account. Your cancellation of this Agreement will not affect any of Bank’s rights or your obligations arising under this Agreement prior to cancellation.

IMPORTANT: IF YOU TERMINATE YOUR RELATIONSHIP WITH BANK OR WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS ABOUT YOUR ACCOUNT, THE ACCOUNT WILL AUTOMATICALLY BE CLOSED. UPON CLOSURE, ANY REMAINING FUNDS IN THE ACCOUNT WILL BE RETURNED PER SECTION 9(B)(11).

G. Confidentiality

Bank may disclose information to Program Manager and other third parties about your Account or the transactions you make:

• Where it is necessary for completing transactions.
• In order to verify the existence and condition of your Account for a third party (such as a merchant).
• In order to comply with government agency, court order, or other legal or administrative reporting requirements.
• If you give us your written permission.
• To Bank's employees, auditors, affiliates, service providers, or attorneys as needed.
• Otherwise as necessary to fulfill Bank's obligations under this Agreement or as detailed in Bank's Privacy Policy.

H. No Warranty Regarding Goods or Services as Applicable; Merchant Credits
Bank is not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Account. If you are entitled to a refund for any reason for goods or services purchased with your Account, the return and refund will be handled by the merchant. If a merchant posts credits to your Account, the credit may not be immediately available since we have no control over when a merchant may send the credit transaction to us.

I. Survival

All provisions of this Agreement shall survive the termination of this Agreement or closure of your Account by either party for actions arising in connection with this Agreement or your Account(s).

J. Governing Law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Bank (or Program Manager), regardless of your location.

10. Arbitration

THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Bank (or Program Manager), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Bank and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by this Agreement.
The Consumer Arbitration Rules are available online at:
https://www.adr.org/sites/default/files/Consumer%20Rules.pdf

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Bank that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against the Bank for you.

If any portion of this Arbitration Provision is deemed invalid or unenforceable, such a finding shall not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement entered into by you with us. However, notwithstanding any language in this Arbitration Provision or this Agreement to the contrary, the Class Action Waiver is not severable from the remainder of this Arbitration Provision and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may exist with respect to such determination, any class action or representative proceeding shall be determined in a court of law and will not be subject to this Arbitration Provision.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, DO NOT USE THE ACCOUNT. CALL 800-851-7990 TO CLOSE THE ACCOUNT.